(A) Baseline monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 C.F.R. § 403.6(a)(4) or MAC R 323.2311(2), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report required by 40 C.F.R. § 403.12(b) and MAC R 323.2310(2) which contains the information listed in division (A)(2) below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in division (A)(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) Users described above shall submit the information set forth below:
(a) Identifying information. The name and address of the facility, including the name of the operator and owner;
(b) Environmental permits. A list of any environmental control permits held by or for the facility;
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description shall include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes;
(d) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 C.F.R. § 403.6(e);
(e) Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process;
2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported, as applicable. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division (J) below; and
3. Sampling must be performed in accordance with procedures set out in division (K) below.
(f) Certification. A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional pretreatment is required to meet the pretreatment standards and requirements;
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M shall be specified. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in division (B) below; and
(h) Signature and certification. All baseline monitoring reports must be signed and certified in accordance with § 51.039(F).
(B) Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 51.040(B)(2)(g):
(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine months;
(3) The user shall submit a progress report to the Director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) In no event shall more than nine months elapse between such progress reports to the Director.
(C) Reports on compliance with categorical pretreatment standard deadline. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report required by 40 C.F.R. § 403.12(d) and MAC R 323.2310(3) containing the information described in divisions (A)(2)(d) through (A)(2)(f) above. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 C.F.R. § 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 51.039(F).
(D) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with § 51.039(F).
(2) If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in division (K) below, the results of this monitoring shall be included in the report.
(3) If the Director has imposed mass limitations, as provided in §§ 51.029, 51.031, and 51.033, the report shall indicate the mass of pollutants regulated by pretreatment standards in the user’s discharge.
(4) If the Director has imposed equivalent limitations, as provided in § 51.029, the report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of mass of pollutant discharge per unit of production, the report shall contain the user’s actual average production rate for the reporting period.
(5) The Director may in his or her discretion perform the required sampling and analysis in lieu of the user. Where the Director collects all the information for the periodic compliance report, including flow data, the user will not be required to submit the report.
(6) The Director shall require a frequency of user monitoring adequate to assess and assure compliance by users of applicable pretreatment standards and requirements. Data obtained through appropriate sampling and analysis during the period covered by a periodic compliance report shall be representative of conditions during the period.
(E) Reports of changed conditions. Each user must notify the Director of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least 90 days before the change.
(1) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.039.
(3) For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants.
(F) Reports of potential problem discharges.
(1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) Within five days following such discharge, the user shall, unless waived by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this subchapter.
(3) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (F)(1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(G) Reports from unpermitted users. All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require.
(H) Notification by user of violation/repeat sampling and reporting. If sampling performed by a user indicates a violation, the user must notify the Director within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within 30 days after becoming aware of the violation. The user is not required to resample if the Director monitors at the user’s facility at least once a month, or if the Director samples between the user’s initial sampling and when the user receives the results of this sampling.
(I) Notification by user of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and the Michigan Department of Environmental Quality Waste Management Division, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this division (I) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under division (E) above. The requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of divisions (A), (C), and (D) above.
(2) Dischargers are exempt from the requirements of division (I)(1) above, during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of the Resource Conversion and Recovery Act, being 42 U.S.C. § 6921 identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Waste Division Director, and the State Department of Environmental Quality Waste Management Division of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this subchapter, a permit issued hereunder, or any applicable federal or state law.
(J) Analytical requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the methods and techniques prescribed in 40 C.F.R. Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA Administrator.
(K) Sample collection.
(1) Users shall sample their discharges to assure compliance with the requirements of this subchapter, any permit or order issued pursuant to this subchapter, pretreatment standards, and other applicable federal, state, and local laws, and as otherwise determined necessary by the Director consistent with the purposes and intent of this subchapter. Except as indicated in division (K)(2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques, with a minimum of four grab samples spaced throughout the daily sampling period to represent the entire period.
(3) All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(4) The sample event frequency, which shall be a minimum of quarterly (i.e., once per three months) and which may be at a greater frequency if so determined by the Director, will be specified in the user’s permit. On the petition of the user, the Director may consider an alternate sample frequency to provide a more accurate characterization of a user’s discharge. Each sample event must provide daily average and daily maximum results at a sample frequency of three times within a two-week period for users with flows less than 250,000 gallons per day (based on dry weather flows) and six times within a two-week period for users with flows of 250,000 gallons per day or greater (based on dry weather flows). The samples shall be collected during periods of dry weather or under conditions that ensure that the discharge being sampled is not diluted by stormwater. The Director may require additional samples that are representative of stormwater-containing discharges.
(L) Split samples. If requested by the Director at or prior to the sampling event, the Director shall be provided with splits of any sample taken by a user. If requested by the user at or prior to the sampling event, the user shall be provided with splits of any sample taken by the city.
(M) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(N) Record keeping. Users subject to the reporting requirements of this subchapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this subchapter and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling; the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the Director.
(O) Information requests. Users shall furnish to the Director any available information that the Director requests to determine whether cause exists for modifying, revoking and reissuing, or terminating a wastewater discharge permit, to determine compliance with a wastewater discharge permit, or to determine whether a wastewater discharge permit is required. Users shall also, upon request, furnish to the Director copies of any records required by a wastewater discharge permit. The information and records requested by the Director shall be provided by the user to the Director within 24 hours of the request, unless an alternative time frame is specified by the Director when making the request or unless the Director allows additional time for the user to submit the requested information based on a showing by the user of good cause for any delay. The user’s failure to submit the requested information to the Director within 24 hours (or within any alternate time period approved by the Director as provided by this section) shall constitute a violation of this subchapter.
(P) Signature and certification requirements. All written reports and notifications required by this subchapter shall be signed and certified as required in § 51.039(F).
(Q) Costs of monitoring, sampling and analyses. All required monitoring, taking of samples, and sample analyses shall be at the sole cost of the user.
(R) Notification of spill of wastewater to land or water. Any user which causes or observes a release from a sewer of untreated or partially treated wastewater onto land or into the waters of the state shall immediately notify the Director.
(Prior Code, § 51.36) (Ord. D-1635, passed 9-9-1991, effective 9-9-1991; Ord. D-1927, passed 7-15-2002, effective 8-1-2002)